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Recap 02/28/1995 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 28, 1995 9~00 a.m. NOTICE:ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRAI~TED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY MANAGER'S OFFICE 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA AND CONSENT AGENDA Approved w/changes 5/0 A. Approval of consent agenda. Approved w/changes 5/0 3. APPROVAL OF MINUTES Approved as presented 5/0 February 7, 1995 - Regular meeting. February 7, 1995 - Evening meeting. 4. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations 1) "Know Your County Government Week". Accepted by Jen Adopted 5/0 Ferguson, Lely High School and Hazeen Ashley, St. John Newmann High School. 2)"National Middle Level Education Month". Accepted by Adopted 5/0 Santo H. Pino, Principal, Manatee Middle School. 3) "Naples Philharmonic Orchestra Week" Accepted by Adopted 5/0 1 February 28, 1995 Myra Janco Daniels, President of Naples Philharmonic. (4) Proclamation recognizing "Palm Cottage," the Adopted 5/0 headquarters and National Historic Structure for the Collier County Historical Society, Inc. To be accepted by Charles J. Dauray. (5) "Florida Hazardous Materials Awareness Week". Adopted 5/0 Accepted by Ken Pineau. B. Service Awards Presented Ruth Schulze Library 20 years Dan Pucher Fleet Management 10 years William Swearingen Utilities 10 years Carolann Abramoff Library 5 years Lisa Taylor Capital Projects 5 years Not Present C. Presentations Patriotic Musical Presentation by Seacrest County Day Presented School, Second Grade Students. 5. APPROVAL OF BUDGET AMENDMENTS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 94-95) 2. Community Development Fund (113) (FY 94-95) 3. Facilities Construction Fund (301) (FY 94-95) 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) Petition C-95-1, Richard Poirier, representing the Carnival Permit 95-1 Knights of Columbus, requesting a permit to conduct a Approved 5/0 carnival from March 1 through March 5, 1995, on vacant land described as Lots 1-16, Block A, Immokalee subdivision. B. TRANSPORTATION C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners Approved with Humane reject all bids in response to bid #94-2300 and direct Socieety 3/2 staff to work with the Collier County Veterinary Society (Commissioners Hancock and 2 February 28, 1995 to develop alternative methods to increase the number of Norris opposed) animals that are adopted from the Animal Control shelter that are neutered or spayed. (Continued from 02/21/95 meeting, 8(C) 2.) D. UTILITIES (1) Discussion of South County Effluent Storage Site Continued to 3/7/95 (continued 3/7/95 meeting) E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES (1) Approval of a contract with the Florida Department of Staff recommendation Environmental Protection (FDEP) to perform unique and approved and interim innovative project activities in Collier County. position to be increased (Continued from meeting of 2/21/95.) to run with the contract. 3/2 (Commsrs. Constantine and Mac'Kie opposed) (2) Approval of Clam Bay Natural Resources Protection Approved w/ stips. 3/2 Area (NRPA) (Continued from meeting of February 21st). (Commsrs. Norris & Constantine opposed) H. COUNTY MANAGER (1) Recommendation that the Board consider the propriety Concept approved 4/1 of paying capital project professional services fees from (Commsr. Mac'Kie opposed). tourist development funds on coastal and inlet projects. (2) Recommendation to Award a Construction Contract to Approved in the amt. of the Lowest and Most Responsive Bidder, Better Roads, Inc. $9,444,684.35 5/0 for C.R. 951 Four Laning Improvements and Water/Sewer Improvements (Jct. U.S. 41 to Jct. S~R. 84), CIE Nos. 10 and 11, Bid No. 95-2320. (Companion to Item #8H4). (3) Request to waive fees for dedicated ambulance service Approved 5/0 for the Nuveen Masters event. Added, (4) Resolution authorizing the borrowing of $2 million Res. 95-148 Adopted 5/0 from the Commercial Paper Program for C.R. 951 Project (Companion to Item #8H2). Moved from Item #16H3 (5) Approval of Amendment No. 2 to Professional Services Approved 3/2 (Commsrs. Agreement with Hole, Montes & Assoc., Inc. for Norris and Constantine Hydrogeologic and Engineering Services related to Deep opposed) Well Injections at the South County Regional Wastewater Treatment Facility. Moved from Item #16H6 3 FebruarV 28, 1995 (6) Approval of Professional Services Agreement with Approved 3/2 (Commsrs. Missimer International for the NCRWTP Second Deep Norris and Constantine Injection Well Observation Project, RFP 94-2284. opposed) 9. COUNTY ATTORNEY'S REPORT A. Discussion regarding the case of Mathias Tari vs. Collier No Action County, Case No. 89-00246-CIV-FTM-17, including a presentation and/or settlement discussion or proposal by Plaintiff's counsel. (No written backup is included in agenda.) 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Marco Island Beautification Res. 95~149 appointing Advisory Committee. Richard Eggers, Margaret Paulson and Mary Jane Hittler Adopted 5/0 B. Appointment of members to the County Government Res. 95-150 appointing Productivity Committee. David Craig, Charles Dauray, Mark Drucker, Edward Ferguson, Douglas Fink and Timothy Lynch Adopted 5/0 C. Consideration of Resolutions: (1) Urging the U.S. Res. 95-151 re funding Congress to fund implementation of the National Voter implementation Adopted Registration Act; (2) urging the Florida Legislature to w/changes 3/2 (Commsrs. amend Section 322.03, Florida Statutes, by revising the Mac'Kie and Matthews provision which permits individuals to retain an opposed). out-of-state driver's license and simultaneously possess 95-152 re drivers' a valid Florida driver's license; and (3) urging the U.S. licenses Adopted w/changes Congress to repeal of the National Voter Registration 3/2 (Commsrs. Mac'Kie and Act. (Continued from 2/14/95 meeting). Matthews opposed). Repeal of voter registration - No Action D. Appointment of member to the Hispanic Affairs Advisory Res. 95-153 Appointing Board. Neil Morales Adopted 5/0 Added~ E. Discussion re Landfill Contract No Action 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS John Delate re fire safety at landfill; Lionel L'Esperance re job site supervision proposal LUNCH RECESS 12~30 2~00 P.M. "KNOW YOUR COUNTY GOVERNMENT" LUNCH AT THE EAST NAPLES METHODIST CHURCH 4 FebruarV 28, 1995 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS (1) An Ordinance to amend the Future Land Use Element of Ord. 95-7 Adopted 5/0 the Growth Management Plan pursuant to the Stipulated Settlement Agreement with the Florida Department of Community Affairs to resolve Case No. 94-3494 GM. B. ZONING AMENDMENTS (1) Petition PUD-94-10, Barbara Cawley, AICP, of Wilson, Ord. 95-8 Adopted 5/0 Miller, Barton & Peek, Inc., representing Peninsula Improvement Corporation for a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development, for residential uses representing mixed types of housing with an 18 hole golf course located along the east side of Goodlette-Frank Road in Secs. 3 and 10, T49S, R25E. (2) Petition R-94-5, George L. Varnadoe and R. Bruce Ord. 95-9 Adopted 5/0 Anderson of Young, Van Assenderp and Varnadoe, P.A., representing Collier County Housing Authority Land Acquisition New Development, Inc., requesting a rezone from the A-MHO to RMF-6 Zoning District for property located on the northeast side of R 29 and abutting Farm Worker Village in Sec. 11, T47S, R29E. (Companion to Agenda Item 13A.(3) (3) Petition PUD-94-3(1), Bill Hoover of Hoover Planning Ord. 95-10 Adopted Shoppe, representing Alan D. and Ines E. Moniz, Salvatore w/change 5/0 Cina, Darryl J. and Bradley T. Damico and Thomas L. Grant, requesting an amendment to the Parkway Center PUD through the process of rezoning from PUD and RMF-12 to PUD for property located at the southeast intersection of Santa Barbara Boulevard and Golden Gate Parkway (CR 886), Lots 1-6, Block 230, Golden Gate Unit 7, in Sec. 28, T49S, R26E, consisting of 2.34± acres. (Continued from the meeting of 2/14/95) C. OTHER (1) Petition AV 94-019, Coastal Engineering Consultants, Res. 95-156 Adopted 5/0 Inc., as agent for owners, Daniel L. George and Suzanne G. George, requesting vacation of a portion of a ten foot access easement located on a portion of Lots 5-6, Block E, on the Plat of Lely Barefoot Beach Unit I, as recorded in Plat Book 12, Pages 34-37, of the Public Records of 5 FebruarV 28, 1995 Collier County, Florida. (Companion Item to the Plat of Barefoot Estates) (Continued from 12/13/94, 1/10/95 and 1/17/95). (2) Petition AV 94-021 to vacate a 20 foot alleyway and Res. 95-155 Adopted 5/0 portions of 6 perimeter drainage & utility easement, as shown on the plat of Golden Gate Unit 7, as recorded in Plat Book 5, Pages 135-146, of the Public Records of Collier County, Florida. (Continued from 12/13/94 and 1/17/95). (3) An Ordinance amending Collier County Ordinance No. Ord. 95-11 Adopted 5/0 90-105, as amended, the Collier County Contractors' Licensing Board Ordinance; amending part Two, Sec. 2.4(f), Master or Journeyman Applications; amending part Three, Sec. 3.1.1, Composition of the Contractors' Licensing Board; providing for Conflict and Severability; providing an effective date. (4) Recommendation that the Board of County Commissioners Continued to 3/28/95 based approve an Ordinance repealing and superseding Collier on advertising error of County Ordinance No. 91~56, as amended, being the Naples Daily News County's Building Construction Administrative Code for the Gas, Mechanical, Plumbing, Electrical, Fire, Swimming Pool and Building Codes. (5) Petition SNR-95-01, James Harvey of Taylor Woodrow Res. 95-157 Adopted 5/0 Communities requesting Street Name Changes from Sienna Drive to Aberdeen Lane, Lucaya Drive to Chesterbrook Court, Southampton Boulevard to Bent Tree Lane, Southampton Drive to Winding Oaks Way, Thornsbrook Circle to Wynhurst Circle, Bent Tree Lane to Wexford Court, and Winding Oaks Court to Essex Circle in the Southampton Planned Unit Development in Sec. 26, T485, R25E. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-94-18, Richard McCormick of Wilkison & Res. 95-158 Adopted Associates, Inc., representing United Church Homes, Inc., subject to stipulations requesting a variance from the required 71 parking spaces 5/0 to 30 parking spaces by reserving land for the remaining 41 spaces. All reserved parking spaces will be built when deemed necessary by the County. (2) Petition V-94-19, Beau Keens, P.E., of the Office of Res. 95-159 Adopted 5/0 Capital Projects Management, representing the North Naples Fire Control and Rescue District, requesting a 15 foot variance from the required side yard setback of 30 feet to 15 feet to allow the construction of a 1,400 square foot addition to the east side of the existing North Naples Fire Station located on the south side of Immokalee Road (C.R. 846) further described as the west 6 February 28, 1995 165 feet of Tract III, Golden Gate Estates Unit 97, in Sec. 29, T48S, R26E. (3) Petition CU-94-17, George n. Varnadoe and R. Bruce Res. 95-154 Adopted 5/0 Anderson of Young, Van Assenderp and Varnadoe, P.A. representing Collier County Housing Authority Land Acquisition New Development, Inc., requesting Conditional Use "3" and "8" of the RMF-6 Zoning District for property located on the northeast side of SR 29 and abutting Farm Worker Village in Sec. 11, T47S, R29E. (Companion to Agenda Item 12B.(2) (4) Petition AW-95-01, Richard Schonder of DOS Caliente, Continued to March Inc., d/b/a Taco Caliente, requesting a 350 foot waiver 1995 of the minimum required separation of 500 feet between places serving alcoholic beverages and churches for a restaurant located at 1048 Pine Ridge Road with a resulting separation distance of 150 feet. B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. TDC Comments Upcoming Joint Meeting between TDC and Lee Port Authority B. Discussion re bids for delinquent tax bills. To be placed on 3/7/95 agenda C. County Manager's contract To be discussed in May, 1995 15. STAFF'S CO~JNICATIONS 16. CONSENT AGENDA All matters listed under this item are considered to be routine Approved and/or adopted and action will be taken by one motion without separate 5/0 with the exception of discussion of each item. If discussion is desired by a Item #16A4 member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT (1) Recommendation to accept an amendment to Letter of Credit No. SM-45323-094, which serves as the subdivision maintenance security for the project known as "Coventry Square" located in Sec. 28, T48S, R25E. 7 February 28, 1995 (2) Water and sewer facilities acceptance for Wedgewood with stips. at The Vineyards. (3) Water facilities acceptance for Curt's Mobil at The with stips. Crossroads. (4) Water facilities acceptance for n'Ambiance at Pelican Approved 4/0 (Commsr. Bay. Mac'Kie abstained) Letter of Credit & Stipulations B. TRA/~SPORTATION (1) Recommendation to approve a budget amendment for In the amount of $32,000 processing reimbursement of previously approved road impact fee overpayments for the Berkshire Project. (2} Recommendation to approve a budget amendment for processing and reimbursement of previously approved road impact fee credits/over-payments by Wal-Mart. (3) Recommendation to approve a budget amendment for In the amt. of $6,300 processing and reimbursement of overpayment of road impact fees by Seacrest School. C. PUBLIC SERVICES (1) Approval of Golden Gate Community Center Supervisor John M. Dunnuck III Candidate. D. UTILITIES E. ADMINISTRATIVE SERVICES (1) Recommendation to cancel current taxes upon land Res. 95-147 acquired for public use on a portion of property known as Naples National Golf Club P.U.D., containing 1.52 acres, more or less. (2) Recommendation that the Board of Commissioners approve the attached contract with Willis Corroon Administrative Service Corporation for Workers' Compensation claims administration. (3) Recommendation to have the Board award Bid #2332 for Awarded to Charles Wolfe & a Full Service Professional Mover. Son, J. W. Cole & Son, and Adkins Transfer F. EMERGENCY SERVICES (1) Request Board approval to award Bid Number 94-2286 to Alternate items of labor Everglades Communications for radio maintenance and cost and parts pricing repair. accepted; additional costs for twenty-four hour 8 February 28, 1995 service rejected (2) Request Board of County Commissioners' approval of a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. G. ENVIRONMENTAL SERVICES (1) Recommendation to award Bid #95-2328 for County-wide For Work Sites 17, 26, 31, Ditch Bank Clearing Project Phase III to "Monroe Tree 34, 35, 36,, 37, 38, 39, Service" in the amount of $90,620. 40 and the southern 300 feet of Work Site No. 10- H. COUNTY MANAGER (1) This item has been deleted. Deleted (2) This item has been deleted. Deleted (3) Approve Amendment No. 2 to Professional Services Moved to Item #8H5 Agreement with Hole, Montes & Associates, Inc. for Hydrogeologic and Engineering Services Related to Deep Well Injections at the South County Regional Wastewater Treatment Facility. (4) Approve Design Change for Sanitary Sewer Relocation Associated with Bonita Beach Road Widening, a Joint Collier County - Lee County Project. (5) This item has been deleted. Deleted (6) Approve Professional Services Agreement with Missimer Moved to Item #8H6 International for the NCRWTP Second Deep Injection Well Observation Project, RFP 94-2284. I. BOAPaD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE (1)Certificate for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. K. OTHER CONSTITUTIONAL OFFICERS (1) Recommendation that the Board of County Commissioners authorize its Chairman to execute Satisfaction of Lien documents and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. (Continued from 2/21/95 meeting). L. COUNTY ATTORNEY 17. ADJOURN 9 February 28, 1995